The Imperial Senate (Tzucheng Yuan) : organization and rules of procedure

CORNELL

UNIVERSITY

LIBRARY

THE

CHARLES WILLIAM WASON

COLLECTION ON CHINA

AND THE CHINESE

Inpcrial Senate

iHENG YUAN)

ORGANIZATION AND
RULES OF PROCEDURE.

CORNELL UNIVERSITY LIBRARY

924 098 279 742

The I Imperial Senate

(TZUCHENG YUAN.)

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Organization and Rules of Procedure.

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All Rights Resei-ved.

Published bv

Tientsin Press, Limited,

Tientsin, China.

1513

PREFACE.

The Eules for the Senate (Tzucheng Yuan) from
which the following translation has been prepared,
were sanctioned by the Throne in an Edict dated
HsuAN-TuNG, 1st year, 9th month, 13th day.

The Senate met for the first time Hsuan-Tuns,
2nd year, 9th month, 1st day (3rd October, 1910).

INDEX.

Page.

Pkefacb 3

Okganization —

General, Sections 1—8 5—6

Composition of, S.IO 6

Expenses of, SS.63— 65 13— U

Functions-

Relations with Executive, SS.17— 21 7—8

Relations with Provinces, SS.22-S4 8—9

Relations with the People, SS.25— 29 7

General SS.14— 16 7

Officials —

Presidents S.2 5

Vice Presidents S.3 5

Secretariat, 12 — 18

Senators —

Powers of, S.5 ....^ 5

Quahfications of, S.9 6

Selection of, (General) 6

Imperial 14 — 15

Nobihty 15—16

Nobility of Dependencies 17

Imperial Clansmen 17 — 21

From Boards, 21—24

Eminent Scholars 25 — 26

Payers of Large Taxes, 26 — ^28

From Provincial Assemblies, 28 — 31

Election of, S.4 18

Election by Proxy, S.14 19

Committees —

Selection of, S.33 10

Meetings —

Ordinary and Extraordinary, S.6 5

Period of, S.6 5

Opening and Prorogation of, S.7 5

Special Assemblies, 8.32 10

Visitors, S.43 U

Suspension of, SS.52— 53 12

Debates —

General, S.S.30-44 9-10—11

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EuLE I — Principles.

1. — The Senate is established by Edict as a pre-
liminary step toward the inauguration of Upper and
Lower Houses of Parliament in order to ascertain
public opinion.

2. — The two Presidents of the Senate shall direct
all its affairs; they shall be Princes, Dukes or Ministers
of State of recognised rnerit, well versed in Stata
affairs. They shall be appointed by Edict.

3. — The two Vice-Presidents of the Senate shall
assist in the direction of its affairs. They shall be
officials above the third rank and recognised as notable
for talent and learning. They shall be appointed by
Edict.

4. — Senators become so i'^y Imperial selection or
by election.

5. — All Senators shall hare eCjUal powers within
the Senate, being there all of the same rank and
standing.

6 — Sessions of the Senate are of two kinds ; or-
dinary and extraordinary. Ordinary sessions are held
once yearly for a period of three months as a rule. Ex-
traordinary sessions are held for a month at uncertain
intervals.

6

7. — The opening and prorogation of the Senate
shall be by Edict published in the Official Gazette.

8.— On the opening day H. M. the Emperor shall
be humbly invited to attend in person or by a Minister
as his Deputy, to perform the opening ceremonies and
announce the matters to be discussed during the
Session.

EuLE II. — Sen.\tors.

9. — Senators, who must be over thirty years of
age, are selected from :

1. — Princes and Dukes of the Imperial Family.
2. — Manchu and Chinese Hereditary Nobles.
3. — Princes and Dukes of Dependencies (Mon-
golia, Tibet and Turkestan).
4. — Imperial Clansmen and Gioro.
5. — OfScials of Boards, Yiian and Yamen who
are below the fourth and above the sev-
enth grade. (But Judges and Police
Officials are excepted).
6. — Eminent Scholars.
7. — Persons who pay large taxes.
8. — Members of the Provincial Assemblies.
10. — The composition of the Senate is:

-Sixteen Senators from among the Imperial

Princes and Dukes.
-Twelve Senators from Manchu and Chinese

Hereditary Nobles.
-Fourteen from the Princes and Dukes of
the Dependencies.
4. — Six from the Imperial Clansmen and Gioro.
5. — Thirty-two from Officials of Boards, Yiian

and Yamen.
6. — Ten eminent scholars.
7.— Ten of those persons who pay large taxes.
8. — One hundred members of Provincial As-
semblies, (200 members).
11. — Senators are selected by the Throne or by
election. The Throne appoints Senators of Classes
3 — 7 hi Section 10. Senators from Provincial Assem-

blies are elected by the members of those Assemblies
subject to eonfirmation by the Governor General or
Governor.

12.— The detailed rules for the selection of Sena-
tors by the Throne and the election by the Assemblies
are given separately.

13. — Senators are appointed for three years only.

EuLE III — Functions of the Senate.

14. — The matters to be decided by the Senate
are :

1.— The National Budget.
2. — National Revenue and Expenditure.
3. — Eevenue Collection and Public Loans.
4. — Legislation, compilation of new laws and
revision of old. But the Constitution is
not included.
6. — Matters specially referred to the Senate by
the Throne.
15. — Proposals within the scope of Items 1 — 4 of
S.14 are to be made by the Ministry of the Chiin Chi
Ch'u (Grand Council) or the Boards and submitted to
the Throne after which they are to be referred to the
Senate. But the Senate may of its own initiate dis-
cussions of questions relating to Taxation and Public
Loans and Legislation.

16. — After passing the Senate the matters re-
ferred to in S.14 will be submitted to the Thorne in
joint Memorials prepared by the Presidents and Vice-
Presidents of the Senate in conjunction with the
Grand Councillors or Ministers of the Boards.

EuLE IV — ^Eelations Between the Senate and the
Executive.

17. — When the General Councillors or the Boards
cannot accept the decisions of the Senate, they are
to refer the matter back to the Senate for further
discussion.

18. — When decisions have been referred back to
the Senate and reafiBrmed by that body, and still the
General.

8

Grand Council or Ministers of the Boards maintain
their attitude of disagreement both parties will mem-
orialise the Thorne for final decision.

19. — During the sittings of the Senate. the Grand
Councillors and the Ministers of the Boards are to be
present in person or by Deputy to express their views
but they have no vote.

20. — If the Senate desire any information con-
cerning the administrative work of any Yamen or con-
cerning the decision of that Department of the Nei-ko
(Grand Secretariat) known as the Hui-i Cheng-wu
Cb'u (Office for considering the Administration) the
questions shall be put through the Presidents and Vice-
Presidents. Should the Grand Council or any Board
consider that such information should not be divulged
they must give their reasons.

21 . — The President and Vice-President will mem-
criali-se the Thoene should the Grand Councillors or
Ministers of any Board encroach upon the authority
of the Senate or act in any way illegally. The question
of a Afemorial to the Thorne in this connection can
only be decided by a majority of more than two-thirds
of the Senators present at the meeting.

Rule V. — Eelatons Between the Senate and
Provincial Assemblies.

22. — The Presidents and Vice-Presidents of the
Senate may address despatches to Provincial Assem-
blies calling for information upon matters concerning
the public weal.

23. — Questions of difference of opinion between
a Provincial Assembly and the Governor General or
Governor, or between the Provincial Assemblies shall
be referred to the Senate for settlement. After such
questions have been discussed and voted upon, the
Presidents and Vice-Presidents shall submit the ques-
tion to the Thorne for final decision. The Senators
elected by the Provincial Assembly of the Province
concerned may take no part in the discussion of the
above questions.

24. ■ — Should any Governor General or Governor
■encroach upon the authority of the Provincial Assem-
bly, or act illegally, the Provincial Assembly shall re-
fer the case to the Senate. Should the Senate find
that such charges are justified the action defined in
-S.12 shall be taken.

EuLE VI. — Eelatons Between the Senate and
THE People.

25^A memorandum on Public matters may be
addressed to the Senate by any person, providing such
person is guaranteed by the Senators of his province.

25 — The Memoranda referred to in S.25 shall '
first be referred to the Committee concerned who shall
deal v.ah it, providing it accords with the law and is
iree from disrespectful language. If any memorandum
be rejected it may not be again presented during the
current session nor may it be presented to any other
department.

27. — If the Committee concerned decide by a maj-
ority of members that the matter forming the contents
of any popular petition may properly be dealt with,
the Senate will consider it. Matters concerning the
Administration shall be communicated to the Yamen
concerned.

28. — The Senate may not issue any manifesto or
summon any person.

29. — The Senate may not undertake to decide any
punishment or law-suit.

EuLE VII — Debates.

30. — A President of the Senate takes the Chair
^t any meeting : A Vice-President is the Vice-Chair-
man. In the President's absence the Vice-President
acts for him.

31 . — An ordinary session is from the first day of
the ninth month to the first day of the twelfth month:
If it be necessary to continue any debate the session
may be prolonged for any period not exceeding one
month.

10

32. — An extraordinary session of the Senate, addi-
tional to tlip ordinary annual session, may be held to-
discuss any matter of importance. Any adniimstra
tive Yamcn or the Presidents and Vice-Presidents act-
in^ unanimously, or a majority of the Senators may
memorialise the Thorne to assemble the Senate.

33 After assembly the Senators shall draw lots

for service on the various Committees. Each Com-
mittee shall elect its own Chairman.

34. — Debates cannot be opened at any sitting
unless more than two-thirds of the Senators be
present.

35. — The votes of more than one-half the Sena-
tors present at a debate decides the question. Th*
Chairman has a casting vote in cases of equality.

36. — Any question may not be discussed in th»
Senate unless it have the support of more than thirty
Senators.

37. — The Chairman (President) shall hand to th?
Committees concerned, for investigation, all matters-
relating to Finance or Legislation, or matters of other
importance before their discussion in the Senate.

33. — -The Presidents and Vice-Presidents must
circulate the Agenda for the day among the iSenatorj
and also communicate it to the administrative Yamen.

39. — No Senator shall take part in a debate which
concerns himself personally, or his relatives, or anj
matter which comes within the official rules for "with-
drawal."

40. — Any Senator having authority to memoralise
on any question, may not do so if such question la-
under discussion in the Senate.

41 . — Without the consent of the Senate no Sena-
tor can be arrested during a session except for some
crime he is actually committing.

42. — No Senator shall be liable to any interroga-
tion outside the precincts of the Senate on account of
any statements made within the scope of debate. If
any Senator publishes his statements outside and in
doing so commits a breach of the law he may be dealt
with as the law provides.

11

43. — ^The Senate permits the presence of specta-
Ttors subject to the following exceptions :

1. — The Yamen request their exclusion.
2.— The Presidents and Vice-Presidents unani-
mously prohibit them.
3. — -More than thirty Senators propose their ex-
clusion.
44. — Additional rules shall be drafted for the con-
duct of debates, the procedure of Committees and the
admission of Spectators.

EuLE VIII — Maintenance of Order.

45. — Within the precincts of the Senate House
.shall be established guards and police, the Comman-
ders and Chiefs of whom shall be under the orders
•of the Chairman. The numbers and rules for the
police shall be separately prepared.

46. — The Chairman may impose silence upon any
Senator who may commit any breach of rules during
a debate and such Senator may be ordered to with-
draw. Any spectator guilty of a breach of rule may
be directed to withdraw. In case a debate be inter-
fered with by any disorderly proceedings the Chair-
man may suspend the sitting.

47.- — ^Any Senator repeatedly guilty of a breach of
rule, or whose speech or conduct shall be unseemly,
may be excluded from all the sittings, and, in serious
cases, the Senator's name may be removed from the
rolls.

48. — The name of any Senator, who, without good
reason, fails to. respond to the summons, or after such
response, without good reason fails to attend for a
period of more than ten days may be removed from
"the rolls.

50. — The Presidents and Vice-Presidents, if of one
mind, may deal with the case of any Senator who shall
absent himself for a period not exceeding ten days;
A name shall be only removed from the rolls on the
vote of a majority of two-thirds of the Senators
-present.

12

j1. — If it be necessary to remove from the roll»
the name of a Senator appointed by the Throne, the
Presidents shall submit a Memorial praying His
Majesty to deal with the case.

52. — Under the following circumstances the sit-
tings of the Senate may be suspended by Imperial.
Edict.

1. — If the Senate exceed its powers.

2. — If the decisions of the Senate are opposed

to the laws.
3. — Pending a conference in any case of conflict
of opinion between the Senate and an
administrative Yamen.
4. — If there be disorder in the Senate beyond

the power of the Chairman to control.
The suspension shall not exceed fifteen days.
53. — Under the following circumstances the Sen-
ate may be dissolved by Imperial Edict and new Sen-
ators announced to assemble within five months :

1. — If the decisions of the Senate show con-
tempt for the Government.
2. — If the decisions of the Senate interfere with
the peaceful administration of the State.
3. — If the order of suspension be disobeyed or
the suspensions have been frequent and
there is no amelioration of conditions.
4. — If a majority of the Senators fail to respond
to the summons even when urgently re-
peated.

EuLE IX. — The Secretariat.

54 — The Senate shall establish a Secretariat to-
deal with correspondence, accounts and ordinary
business.

55 — There shall be one chief of the Senate Secre-
tariat, an official of the fourth grade, nominated by
the Presidents and Vice-Presidents who shall submit
his name to the Throne for appointment.

56 — There shall be four officials of each of fche-
Jhree classes, first, second and third, in the Secretariat,

13

Officials of the first shall be of the fifth grade, of the
second, of the sixth grade, and of the third, of the
seventh grade. The Presidents and Vice-Presidents
shall select them and submit their names to Throne.

57. — In the Secretariat shall be included a Library
Department for the care of books and documents.
One of the officers of the Secretariat shall have control
of the Library Department.

58. — The Chief of the Secretariat shall control the
work of its departments under the orders of the Presi-
dents and Vice-Presidents.

59. — The junior officials of the Secretariat shall
perform their various duties under the orders of the
Chief of the Secretariat.

60. — The four departments of the Secretariat are:
1. — The confidential.
2.— The debates.
3. — The shorthand reporters.
4. — The ordinary.

61 . — The Clerical and Shorthand Staff required
in each department of the Secretariat shall be decided
bj^ the Chief of the Secretariat with due regard to
the duties to be performed, subject to the approval
of the Presidents and Vice-Presidents.

62. — The Chief of the Secretariat shall draw up
the rules for conducting the business of the depart-
ments. These rules must be approved by the Presi-
dents and Vice-Presidents.

EuLE X — Expenses.

63. — The expenses of the Senate are:

1. — Salaries of Presidents and Vice-Presidents.
2. — Salaries and Travelling expenses of the.

Senators.
3. — Secretariat and Police expenses.
4 . — Miscellaneous .
64. — The amounts of the expenses shall be mem-
orialised to the Throne.

65. — The expenses of the Senate shall be inserted
by the Board of Finance in the annual estimates and
issued by that Board.

14
Addenda.

1. — The present rules, after receiving tlie Im-
perial Sanction shall come into force on
the first day of the ninth month of the
second year of Hsuan Tung (1910}.

2. — Cases in which these rules appear incom-
plete shall be dealt with by the Presi-
dents and Vice-Presidents and the Grand
Council in Memorials to the Throne.

EULES FOR THE SELECTION OF SENATORS.

1. — The terms Princes, Dukes, etc., of the Im-
perial Fanrily include:

Princes of Four Orders.
Dukes of Four Orders.
Nobles of Four Orders.
2. — In accordance with S.9. of the Eules for the
Senate, Senators may be selected from among the
Nobles referred to in the preceding section, providing:
1. — They have not been deprived of offices

by Imperial Decree.
2. — -They have not retired from all offices on
account of illness, or for other reasons.
3. — Of the sixteen Senators to be selected by
Kule 10 from the Imperial Family, ten are to be
Nobles from one of the six highest ranks (Princes,
Beile, Beitzu, and Imperial Dukes of the Third De-
gree and six from the remaining six ranks.

4. — During the ninth moon of the year preceding
the selection of new Senators the Senate shall address
a despatch to the Imperial Clan Court which shall
then prepare a Register of suitable candidates to be
forwarded to the Senate before the second month of
the following year. As provided for in S.3. the Senate
will, before the third month, draw up a List of Candi-
dates to be submitted to the Thorne for appointment
as Senators.

15

5. — The Eegister referred to in the preceding sec-
tion shall state the rank, name, age and present office
of each qualified person.

6. — The fact that any qualified member of the
Nobility is a Grand Councillor or holds any other ad-
ministrative office, or is a President or Vice-President
of the Senate shall be noted and that person shall not
be selected.

7. — When a vacancy occurs among the Senators
of Noble rank the Senate shall inform the Court of the
Imperial Clan who shall revise the Register and notify
the Senate. The Senate shall thereupon select Can-
didates of corresponding rank and submit a List of
them to the Throne for selection and appointment.
At the time of revision of the Eegister the qualifica-
tions of the unselected candidates shall be noted oppo-
site their names and the names of then suitable candi-
dates shall be inserted.

8. — The period for which the replacing Senators
shall be appointed shall be the unexpired portion of
the replaced Senator's appointment.

9. — The above rules shall come into force simul-
taneously with the Eules for the Senate.

eules for the selection of senators from the
Manchu and Chinese Nobility.

1 . — The terms Manchu and Chinese Nobility in
these Eules means the holders of Hereditary rank
among the Manchu Bannermen, Mongolian Banner-
men, Chinese Bannermen and Chinese Officials above
the rank of Baron {Nan) of the third degree.

2. — In accordance with S.9. of the Eules for the
Senate, Senators may be selected from those qualified
by the preceding section providing they are free from
the following disabilities :

1. ^Having been deprived of office by Decree.
2. — -Having vacated office on account of illness
or for some other reason.

16

3. — Of the twelve Senators to be appointed in ac-
cordance with the second cltiuse of S.IO. of the Eulea
for the Senate, eight shall be from persons holding
the rank of Marquis (Hou) of the third degree and four
from persons holding the ranks from that of Earl [Po)
of the first degree, to that- of Baron {Nan) of the third
degree, both inclusive.

4. — During the ninth month of the year preceding
the selection of new Senators the Senate shall inform
the Yam en concerned, which shall then prepare a
Register of suitable Candidates to be forwarded to
the Senate before the second month of the following
year. As provided for in S.3. the Senate will, before
the third month, draw up a list of candidates to be
submitted to the Thronk for appointment as Senators.

5. — The Register referred to in the precedinij sec-
tion shall state the rank, name, age and office of each
person.

6. — The fact that any person in the above list is a
Grand Councillor, or holds any other administrative
post or is a President or Mce-President of the Senate
shall be noted and that person need not be selected.

7. — When a vacancy occurs among the Senators
of Manchu or Chinese Noble rank the Senate shall
inform the Ya^ncn concerned who shall revise the Reg-
ister and notify the Senate. The Senate shall there-
upon select candidates of corresponding rank and sub-
mit a list of them to the Throne for selection. At
the time of revision of the Register the qualifications of
unselected candidates shall be noted opposite their
their names and the names of then suitable candidates
shall be inserted.

8. — The period for which the replacing Senator
shall be appointed shall be the unexpired portion of the
replaced Senator's appointment.

9. — The above rules shall come into force simultan*
eously with the Rules for the Senate.

17

eules fok the selection of senators from the
Nobility of the Dependencies.

1. — The term Nobility of the Dependencies in
these rules means persons from Mongolia, Turkestan,
and Tibet holding the following hereditary ranks :

1. — Kham.

2. — Princes of the First Order.

3. — Princes of the Second Order.

4.— Beile.

5. — Beitzu.

6. — Chenkuo Kung (Dukes).

7. — Fukuo Kung (Dukes).

2. — In accordance with S.9. of the Eules for the
Senate, Senators may be selected from those qualified
by the preceding section providing they are free from
the following disabilities :

1. — Having been deprived of office by Decree,
2. — Having vacated all offices for illness or for
some other reason.

3. — Of the fourteen Senators to be appointed in
accordance with the third clause of S.IO. of the Eules
for the Senate one shall be selected from each of the
six Leagues (Meug) of Inner IMongolia, one for each of
the four of Outer ^Mongolia, one for each Banner of
the Kokonor ^longols, one for each Mahommedan pu
(tribe) and one for Tibet.

S.4., 5., 6., 7., and 8. are mutatis mutandis, the
same as in the Eules for the Selection from the
Nobility.

4. — Provides for appointment.

5. — Calls for particulars of name, etc.

6. — Provides for filling vacancies.

7. — States the period for which by-appointments

are made.
8. — Fixes the dnte for the inauguration of the

rules.
These five sections are the same as the correspond-
ing sections in the preceding Eules.

18

EULES FOR THE SELECTION OF SENATORS I'ROM

THE Imperial Clansmen and Gioro.

1. — Imperial Clansmen and Gioro of Baron (Nan)
rank are eligible for Seuatorship subject to the follow-
ing disabilities.

1. — Imprisonment or exile. (A subsequent par-
don, Imi-fu removes this disability.)
2. — -Failing of financial integrity (bankruptcy)
or being a defendant in an undecided law-
suit.
3. — Opium consumption.
4. — Being illiterate.

2. — Imperial Clansmen and Gioro holding rank
above the third grade who are Judges, Inspectors, or
Police Officers, or who are serving in the Army or Navy
are not to be appointed Senators.

3. — ^^Of the six Senators to be selected from the
Imperial Clansmen and Gioro, four are to be from the
Clansmen and two from the Gioro (collateral relatives).

4. — Senators will be appointed from among the
qualified members of the Imperial Clan, and Gioro who
have previously been elected.

Elections shall take place at Pekin and Mukden on
the first day of the second month of the year of ap-
pointment of New Senators. An Edict will be issued
near the specified date as authority for elections.

5. — Elections in Pekin shall be under the super-
intendence of the Imperial Clan Court, those at Muk-
den under the superintendence of the Governor Gen-
eral of Manchuria.

During the ninth month of the preceding year
the Senate will send despatches to the superintending
officials directing elections in accordance with rules.

6. — A Controller of Elections shall be appointed
at every election date to arrange election business, to
control the casting of votes, to unfold the voting papers
to scrutinize the votes, etc. The Control'.or sh.iil be
selected by the Superintendent of the Ele 'tions and
his appointment reported to the Throne.

The Controller shall not be a candidate for election.

19

7. — If an Imperial Clansman or Gioro be «[iialified
under the fifth clause of S.9. of the Ku'iU for the
Senate he shall not become a candidate for election
under the preceding sections.

8. — When the date of the election draws near ihe^
Controller shall compile a Register of Persons qualified
for election to be presented to the Superintenden*. to
be made public one month before the elections.

9. — Separate Eegisters of qualified Imperial Clans-
men and GioTO shall be compiled giving the name, age,,
banner, and company, office or occupation and resid-
ence of each.

10. — The Registers shall be published and within
twenty days any errors or omissions may be indicated.
Corrections will be made by the Superintendent on pro-
duction of the necessary proofs. If the Superintendent
refuses to make the alteration no further application to
him may be made.

1 1 . — Only persons named in the Register are eli-
gible to be electors or candidates for election.

12.— The Peking Polling Office shall be in the
Imperial Court Clan, in Mudken in the Governor
General's Yam en. Separate Polling Offices shall be
established for Imperial Clasmen and Gioro. Super-
intendents of Elections must be present in person or
by deputy in the Polling Offices on the daj' of the cast-
ing of the votes.

13. — Electors must vote in person at the Polling
Office. Voting shall be by ballot, each ballot paper to
bear only one name, and to be signed by the voter.
The age, banner and company of the person voted for
and of the voter shall be addeid after their names.

14. — Any Elector residing outside Peking or
' Mukden who, on account of illness, cannot personally
attend at the Polling Office may depute another elec-
tor to register his vote. The vote by proxy in the pre-
ceding clause is to be contained in a sealed cover pre-
pared by the elector. The elector's name and signature
must appear written outside the cover and this cover
with the written authority of the elector must be de-
livered to his proxy. The proxy will pre-

20

sent both sealed cover and authority to the Controller
of the Elections and, if all be in order, he may then
cast the vote.

1 5. — Persons obtaining the largest number of votes
are to be regarded as eligible for appointment as Sena-
tors. Eligible candidates will be arranged in the order
indicated by the number of the votes they obtain. In
cases of equality of votes the older candidate will take
precedence of the younger. If their ages be also equal
the order of precedence will be decided by drawing lots,

16. — Informalities in ballot papers may occur. In
doubtful cases decision rests with the Superintend-snt
of the Elections.

17. — The number of eligible candidates shall be
ten times the number of Senators to be selected from
the Imperial Clausmen and the Gioro respectively.

The number of eligible candidates from Peking and
Mukden respectively shall be in proportion to the num-
ber of electors at those places.

18. — The local rules for conducting the elections
shall be drawn up by the Superintendents.

19. — Immediately after the elections the Superin-
tendents shall publish the names of Eligible Candidates
at the Polling Office. Any person desiring to with-
draw his name may, but must notify the Superintend-
ent within three days after posting the list, and the
Superintendent ^^ill cancel his name and add that of
the person who obtained the next largest number of
votes.

20. — After the final list has been decided upon the
Controller of the Election shall prepare a Eegister of
Eligible Candidates which, with the ballot papers, shall
be forwarded to tlie Superintendent within twenty
days. The Eegister above referred to, in addition to
containing the particulars called for in S.9., shall re-
cord the number of votes.

21 . — Immediately on receipt of the Register of
Eligible Candidates the Superintendent shall notify to
the Senate the names and numbers of votes. The Re-
gister and the ballot papers shall also be forwarded for
the archives.

21

22. — After all the reports have come in the Senate
shall prepare a final Eegister of Eligible Candidates,
with the number of votes obtained by each. Previous
to the third month of the year of appointment this list
Bhall be submitted to the Throne with a request that
the fixed number of Senators may be selected.

23. — When an Imperial Clansman Senator, or a
Gioro Senator vacates his post the Senate shall refer
to the Eegister of Eligible Candidates prepared for that
period, and draw up a list for submission to the Throne
with a request that a Senator be selected to fill the
vacancy.

24. — When the Eegister of Eligible Candidates
shall contain less than three times the number of
names required to fill the vacancies a by-election
shall be held.

A by-election shall be conducted just as an ord-
inary election.

25. — The period for which the replacing Senator
shall be appointed shall be the unexpired portion of
the replaced Senator's appointment.

26. — These rules shall come into force simultan-
eously with the Eules for the Senate.

Edles for the Selection of Senators from
Boards, Yuan and Yamen.

1. — The term "Officials from Boards Yuan and
Yam en means :

1. — In the Neiko (Grand Secretariat), officials
below the rank of 8hih-tu Hsueh-shih
(Eeader) and above that of Chiing-shu
(Secretary).

2. — In the Han-lin Yiian, officials below the
rank of 8hih-tu Hsueh-Shih (Eeader) and
above that of Shu-chi Shih (Bachelor).

3. — In Boards, officials below the rank of Tsan-i
(Secretary) and above that of Hsiao-
ching-kuan (a metropolitan minor official
of the seventh grade).

4. — In the Censorate, Keepers of Seal, Censers

and Investigating Censors.

2. — In accordance with S.9. of the Eules for the

Senate any of the officials referred to in the preceding

section are eligible for Senatorships providing they have

one of the following qualifications.

1. — They are in actual official employ.
2. — They have been in actual official employ.
(This does not include those who have
been dismissed).
3. — They have been appointed by Edict to an
acting post or reported to the Throne as
acting.
4. — They have been appointed by Edict "Ex-
pectant," or "On Probation."
6. — They have been "Expectant" for more than
three years.
3. — Officials of Boards Yiian and Yamcn eligible
for selection as Senators are to be first elected by duly
qualified persons.

Elections are to take place in the Capital on the
first day of the second month of the year for selecting
new Senators. The date of election will be decided by
an Edict i'ssued some time in advance.

4. — Officials of Boards, Yiian and Yamen possess-
ing one of the qualifications mentioned in the first
second and eighth clauses of S.9. of the Eules for the
Senate, are not to be electors under the preceding
section.

5. — One of the T'ang-kuan (Presidents or Vice-
Presidents) of the Censorate shall superintend the
elections by officials of Boards, Yiian and Yamen.

When an election is approaching the Senate
will notify the Superintendent during the ninth month
of the preceding year to conduct an election in the
manner prescribed.

6. — A Controller of Elections shall be appointed
at every election to investigate the qualifications of
electors, control the casting of votes, the unfolding of
the ballot papers, the scrutiny of ballot papers, etc.

23

He shall be selected by the Superintendent and his
name submitted to the Throne. The Controller shall
not be an elector.

7. — When an election is to be held the Controller
shall report to the Superintendent who shall inform
the various Yam en to inquire who are qualified to vote
and to prepare a List to be forwarded to him two
months in advance. The Controller shall draw up a
General Eegister, to be forwarded one month before
the elections, to the Superintendent to be made public.

8. — The Eegister shall contain the following parti-
culars, viz., name, age, native place, office and details
of career and residence.

9. — The Register shall be published, and within
twenty days thereafter any errors or omissions will
be rectified by the Superintendent on being furnished
with the necessary evidence.

Should the Superintendent refuse to make any
particular alteration a second application is forbidden.

10. — Only persons included in the Eegister are
qualified to be electors or elected.

1 1 . — The Polling Office shall be in the Censorate.
The Superintendent must be personally present in the
Polling Office on the day of the election.

12. — Voters must personally cast their votes.

Voting shall be by ballot. Each ballot paper may
contain only one name, and must be signed by the
voter. The rank of the person voted for and of the
voter must follow the name of each.

13. — A voter prevented by pressure of official
duties, or illness or any other cause, from attending
at the Polling Office may select a proxy from among
the qualified electors.

An elector who wishes to vote by proxy must
enclose his ballot paper in a cover bearing outside his
name and signature which he shall entrust to his
proxy with an authority to vote The proxy will pre-
sent both to the Superintendent who, after examina-
tion, will allow the vote to be cast.

24

14. — Eligible Candidates are those with the largest
number of votes. A list of Eligible Candidates shall
be made in order of the number of votes obtained.
Precedence in cases of equality of votes is to be regu
lated by age and, in the additional case of equal ages,
by lot.

15.— See S.16. of the Eules for Election among
Imperial Clansmen and Gioro.

16. — See S.17. of the same Eules.

17. — See S.18. of the same Eules.

18. — See S.19. of the same Eules.

Nos. 15 to 19 provide for information in ballot
papers, numbers of persons to be elected, withdrawals,
etc.

19. — After the final list has been decided upon,
the Controller of the Election shall prepare a Eegister
of Eligible Candidates which, with the ballot papers,
shall be sent to the Superintendent to be forwarded
to the Senate. The Eegister, in addition to the parti-
culars called for in S.8., shall record the number of
votes.

20. — After receipt of the above Eegister of names
and votes which shall be submitted to the Throne be-
fore the third month of the year of appointing ne.v
Senators with a request to select Senators therefrom.

21. — The official superiors of and Senator selected
from a Board, Yiian and Yamen, shall in no way inter-
fere with the rights of that Senator in the Senate.

22. — If a Senator from a Board, etc., loses hia
qualification through promotion or transfer he also
loses, ipso facio, his qualification for Senator.

23. — Vacancies are filled as in the Eules for Im-
perial Clansmen and Oioro S.23.

24. — See S.24. of the above Eules.

25. — See S.25. of the above Eules.

26. — See S.26. of the above Eules.

Nos. 24 to 26 provide for cases of insufiicient can-
didates, replacing periods, etc.

25

eules foe the selection of senators from
Eminent Scholars.

1- — The term "Eminent Scholars" in these Rules
means those possessing the following qualifications ;

1. — ^\\'^ithout examination they have been the
recipients of an Imperial Decree confer-
ring a high distinction.

2. — They are authors of treatises benefitting Gov-
ernment or Education.

3. — They are qualified for entrance into the
College of Distinguished Scholars ^Nation-
al Academy — not yet established, 1910).

4. — They have held a professorship of a subject
of prime importance in an educational
establishment of higher grade than an
ordinary or technical college for more than
five years with commendable success.

2. — During the ninth month of the year before
new Senators are to be selected the Senate will address
the Board of Education requesting the Board to ser.d
a circular to all officials above the rank of Directors
of Courts, to the Hanlin, to the Supervising Censors
and Censors, to all Governors General and Governors,
to Directors of Education and to all Ministers to For-
eign Courts requesting them to ascertain the names of
such persons as possess one of the qualifications in the
above Rule, and also satisfy the conditions of S.9. of
the Rules of the Senate, and recommend them in a
brief report to the Board. The Board will select thirty
of those having the most numerous recommendations
from whom the Senators of this class shall be selected
and forward a Register of them to the Senate befor>i
the second month of the year of selection.

3. — This Register shall contain particulars of nan;e,
age and native place, a resume of their qualifications
and the names and ranks of their nominors.

26

4. — A List of the above persons with the names of
their nominors, shall be submitted to the Throne and
Senators selected therefrom.

5, 6, 7, 8. — Deal with bye selections, etc., as in
S.23., S.24., S.25., and S.26. of the Eules for Im
perial Clansmen and Gioro.

Eules for the Selection of Senators from
Payers of Large Taxes.

1. — The term "Payers of Large Taxes" in these
Eules means :

1. — ]Males eligible for election to Local

Councils.
2. — Payers of large duties or donors of large
sums for public purposes.

2. — In accordance with S.9. of the Eules for the
Senate, all those having the preceding qualificatiou:r
are eligible for selection as Senators.

3. — Senators selected from among payers of large
taxes must be previously elected by qualified persons.

Elections shall be held in the provincial capitals
ou the first day of the second month of the year of sel-
ection of Senators. The day of election shall be fixed in
advance by Edict.

4. — Payers of large taxes who hold one of the other
qualifications laid down in the second and fifth clauses
of S.9. of the Eules for the Senate are not to be included
among the electors defined in the proceeding sections.

5. — The electors for each province shall not exceed
twenty.

Payers of equal taxes shall take precedence in order
of age, and if of equal age, by lot.

6. — At the elections among payers of large taxes
the Treasurer of the province shall act as Superinten-
dent.

27

During the ninth month of the year preceding the
selection of new Senators the Senate shall address de-
spatches to the Governors General or Governor of each
province to conduct the elections according to rule.

7. — A Controller shall be appointed for every elec-
tion to manage all business therewith connected. He
shall be selected by the Superintendent acting con-
jointly with the Director and Assistant Director of the
General Chamber of Commerce, and appointed by the
Governor General or Governor. The Controller shall
not be an elector.

8. — For every election the Controller shall prepare
a Eegister of Electors to be presented to the Superin-
tendent fifty days in advance and by him made public.

9. — The Electors' Register shall contain particulars
of names, age, native place, amounts of taxes paid and
residence.

10. — Erors in, and omissions from, the Eegister
will be corrected on furnishing the necessary evidence.

Should the Superintendent refuse to rectify any
6rror he is not to be again applied to.

11. — The names of electors and elected persons
must appear in the Register.

12.— The Polling Office shall be in the Office of the
Head Chamber of Commerce or in the Yamen of the
Treasurer or that of the Home Office Commissioner of
the Province.

13. — The Superintendent of Electors must be i-er-
sonally present in the Polling Office on the day of the
elections.

14. — Allows proxies. (See Rules for election of Im-
perial Clansmen and Gioro, S.14.)

15. — Eligible Candidates are those whose aggrep-ate
of votes amounts to one third of the number of electors.

The "number of electors" means the number of
persons actually exercising voting powers.

28

In the List of Eligible Candidates the names shall
stand in order of numbers of votes, precedence being
decided by the amount of taxes paid in cases of equality
of votes, by age, if the amount of taxes be also equal,
and by lot, if all three be equal.

16. — Informalities in ballot papers. (See Eules for
election of Imperial Clansmen and Gioro, S.16.).

17. — The number of Eligible Candidates shall be
one-tenth of the total number of electors fixed by S.lo.

If the number of Eligible Candidates be too small
the Superintendent shall draw up an additional list
containing enough names to make up the number from
among those who have obtained the largest number of
votes, post it in the Polling Office and direct the
electors to hold another election.

If there be an excess over the number required
these shall be styled Expectant Eligible Candidates.
The order of the names in the Expectant List shall be
settled as in the third clause of S.15.

18. — Rules for conducting elections are to be drawn
up by the Superintendent.

19. — Withdrawals of candidature. (See Rules for
elections of Imperial Clansmen and Gioro, S.19.).

20. — The final List of successful and Expectant
Candidates is to be sent to the Superintendent with the
ballot papers, within ten days. Thence it is to be sent
to the Governor General.

The list shall contain opposite each name the num-
ber of votes in addition to the particulars called for in
the ninth section.

21 . — Immediately on receipt of this List the Gov-
ernors General and Governors shall send a list of names
and votes to the Senate, to be followed later by the
original List and the ballot papers, for the archives.

22. — The Senate is to submit the names to the
Throne as in S. 23. of the Rules for election of Imperial
Clansmen and Gioro.

23, 24, 25, 26, referring to vacancies, etc., are the
same as S.23, 24, 25, and 26 of the Rules for elections
of Imperial Clansmen and Gioro.

29

eules for the selection op senators from
Provincial Assemblies.

1. — The number of Senators to be selected from
each Provincial Assembly is shown in the following list :

Fengtien 3

Kirin '. 2

Kirin 2

Heilungkiang 2

Chihli 9

Kiangsu , 7

Anhui 5

Kiangsi 6

Chekiang 7

Fukien 4

Hupei 5

Hunan 5

Shantung 6

Honan 5

Shansi 5

Shensi 4

Kansu 3

Sinkiang (Turkestan) 2

Szechwan 6

Kwatigtung 5

Kwangsi 3

Yunnan 4

Kweichow 2

100

2. — Elections are to be held in the Provincial As-
semblies on the eleventh day of the tenth month of the
year preceding that in which new Senators are to be
appointed.

An Edict will fix the date.

3. — The Goveitnors General and Governors will
superintend the election of Senators in their respective
Assemblies.

30

During the ninth month of the year preceding the
selection of new Senators the Senate will address the
Superintendents calling upon them to hold the elec-
tions according to these rules.

4. — The Secretariat of the Assembly concerned
are to superintend the casting of ballot papers, etc.

5.— ^Electors and elected persons must be members
of the Assembly concerned.

6. — Electors mu3t personally cast their votes on
the day of election.

Votes shall be given on the plural system.

The voter shall fill in his ballot paper with the
names of the persons of his choice, the number of names
on each paper to be in accordance with the first clause
of S.IO, and shall sign his name at the foot.

7. — Allows proxies with the formalities detailed in
S.14 of the Rules for the elections of Imperial Clansmen
and Gioro.

8. — Eligible Candidates are those who obtain a
number of votes exceeding one half the number of elec-
tors.

The "number of electors" in the preceding clause
is the number of electors actually exercising their powers
of voting.

On the list of Eligible Candidates the names shall
appear in order of the number of votes. In case of equal-
ity precedence is to be determined by age, and when
ages are equal, by lot.

9. — Cases of informalities are to be decided by the
Superintendent. (See S.16 of the Eules for the election
of Imperial Clansmen and Gioro).

10. — The number to be elected is twice the number
of Senators allotted to the Assembly in S.l of the Eules.

If the number of Eligible Candidates shall be in-
sufficient the Superintendent shall choose among those
who have the highest numbers of votes a number of
persons sufficient to make up the deficiency. A list of
these shall be posted in the Polling Office and the elec-
tors directed to hold another election.

31

Persons who are qualified by votes in excess of the
number required are to be placed on a List of Expect-
ants prepared in accordance with the third clause in S.8.

11. — The Assembly shall draft Eules for conducting
the elections and submit them to the Superintendent
to be put in force.

12. — Within ten days of the completion of the elec-
tions the General Office of the Assembly shall prepare a
List of Eligible Candidates to be forwarded, with the
ballot papers, to the Superintendent.

The Superintendent shall choose the requisite num-
ber from the head of the List and confirm them as
Senators. The names shall be posted in the Polling
Office.

13. — ^^Vithin three days after the posting of the
names of the Senators the Superintendent will receive
notices of resignation in case any Senator niay wish to
retire.

In a ease such as that described vacancies shall be
filled from the Lists of Eligibles and Expectants. If
these prove insufficient an extraordinary election must
be held.

Extraordinary Elections are to be conducted in the
the same way as ordinarj'.

14. — The Superintendent will issue a certificate to
each selected Senator and will also prej;are a List which
with the ballot papers and the original Lists of Eligibles
and Expectants, will be forwarded, under cover of a
despatch, to the Senate.

16. — The same person cannot hold the position of a
Senator selected by the Throne and an elected Senator.
17. — Any vacancy among the Senators elected by
Provincial Assemblies shall be notified to the province
concerned and filled as indicated in the second clause
of S.13.

18. — The period for which any replacing Senator
is appointed shall be the unexpired period of the replaced
Senator's appointment.

19. — These Eules shall come into force simultan-
eously with the Eules for the Senate.